Can alcohol and drug addicts really get Social Security Disability benefits?

Not anymore.  Congress has now prohibited Social Security from paying benefits on the basis of drug addiction or alcoholism. In a nutshell, the law states that if SSA determines that the claimant is disabled but that the drug abuse or alcoholism (DA&A) is a contributing and material factor to the claimant’s disability determination, the claimant cannot be found disabled and receive benefits.  Put into simple terms, this means that the disability would not be there if the person did not abuse alcohol and/or drugs, and if the claimant stopped drinking alcohol or abusing illegal drugs, he/she would no longer be disabled.  If an alcoholic or drug addict becomes disabled for reasons other than their addiction, they can become eligible for Social Security Disability benefits. For example if you have a severe back impairment, involving multiple surgeries before you were finally diagnosed with failed back syndrome, it would be silly if  Social Security could find that if you stopped drinking or using drugs you would no longer be disabled from your back impairment. 

However if you have only have mental impairments, you will probably lose your case.  This is because most psychiatrists and psychologists would consider your primary problem to be addiction-related.  They would have to be able to examine you after a period of sobriety of over a month before they could reach an opinion as to what your diagnosis would be.  Often when a person can stay clean for a few months and your doctor can evaluate you both in a clean state and when under the influence, it is not surprising the doctor often notes great improvement in mental functioning after a period of sobriety.  For example, alcohol is a depressant.  Your alleged impairment is Major Depressive disorder.  It is logical that drinking alcohol will make your condition worse. 

Any mention of drug addiction or alcoholism in your medical or social security records or at your hearing is highly detrimental to your claim.  You should stay away from illegal drugs and alcohol consumption altogether and get treatment.

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